Makes the Fund Act inapplicable to any action under this Act, except that if a person receives a money judgment in an action to which this Act applies, the court shall: (1) notify the Special Master appointed under the Fund Act who shall reduce the amount of compensation under such Act, if no payment under such Act has yet been made, by the amount of such judgment, less costs and attorneys fees; and (2) order the reimbursement of a specified amount to the U.S. Treasury if compensation has already been paid under such Act.
Requires the heads of the appropriate U.S. departments and agencies to assist plaintiffs in enforcing any decision, judgment, or order issued in favor of plaintiffs in actions under this Act.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5677 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5677
To allow suits to be filed against foreign states or other persons for
damages arising from the terrorist attacks of September 11, 2001,
regardless of whether a claim has been filed under the September 11th
Victims Compensation Fund of 2001, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 16, 2002
Ms. McKinney introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To allow suits to be filed against foreign states or other persons for
damages arising from the terrorist attacks of September 11, 2001,
regardless of whether a claim has been filed under the September 11th
Victims Compensation Fund of 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lasting Justice for Victims of 9/11
Act''.
SEC. 2. JURISDICTION OF FEDERAL COURTS.
(a) Jurisdiction.--Notwithstanding chapter 97 of title 28, United
States Code, in any action brought in any court of the United States or
of any State in which money damages are sought against a foreign state
or other person for personal injury or death that was caused by the
terrorist attacks of September 11, 2001, including any action brought
on the basis of the defendant's direct participation in such attacks or
other acts of the defendant that caused, permitted, provided material
support or resources (as defined in section 2339A of title 18, United
States Code) for, or in any other way assisted the perpetrators in the
commission of, such attacks, the jurisdiction of the court shall not be
barred--
(1) on the grounds that the defendant is immune from suit
as a foreign state, or is immune from suit under the Vienna
Convention on Diplomatic Relations, the Convention on
Privileges and Immunities of the United Nations, the Diplomatic
Relations Act (22 U.S.C. 254a et seq.), or any other law
extending diplomatic privileges or immunities; or
(2) on the basis of section 408(b) of the September 11th
Victims Compensation Fund of 2001 (49 U.S.C. 40101 note).
(b) Statute of Limitations.--No action to which subsection (a)
applies may be brought more than 25 years after the date of the
enactment of this Act.
(c) Definitions.--In this section:
(1) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(2) Foreign state.--The term ``foreign state'' has the
meaning given that term in section 1603 of title 28, United
States Code.
(d) Actions Against Air Carriers Not Affected.--This section does
not supersede the applicability of section 408(a) of the September 11th
Victims Compensation Fund of 2001 (49 U.S.C. 40101 note).
SEC. 3. RIGHTS UNDER SEPTEMBER 11TH VICTIMS COMPENSATION FUND.
Sections 405(c)(3)(B) and 409 of the September 11th Victims
Compensation Fund of 2001 (49 U.S.C. 40101 note) shall not apply with
respect to any action to which section 2(a) of this Act applies, except
that if a person receives a money judgment in an action to which
section 2(a) applies--
(1) the court shall so notify the Special Master appointed
under section 404(a) of the September 11th Victims Compensation
Fund of 2001; and
(2)(A) if the person has already been paid compensation
under section 406 of that Act, the court shall order the
reimbursement of the appropriate account of the United States
Treasury in an amount which is the lesser of--
(i) the amount of the judgment, less costs and
attorneys fees; or
(ii) the amount of the compensation paid under such
section 406; or
(B) if no payment under section 406 of that Act has yet
been made to that person, the Special Master referred to in
paragraph (1) shall reduce the amount of any compensation
defined under section 405(b)(1)(B)(ii) of that Act by the
amount of the judgment, less costs and attorneys fees, except
that no amount of compensation shall be reduced to less than 0.
SEC. 4. ACTION BY EXECUTIVE BRANCH.
The heads of the appropriate departments and agencies of the United
States shall assist plaintiffs in actions to which section 2(a) applies
in enforcing any decision, judgment, or order issued in favor of
plaintiffs in such actions.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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